House Bill 313

AN ACT TO AMEND SECTIONS 63-15-4 AND 21-23-7, MISSISSIPPI
CODE OF 1972, TO ALLOW MUNICIPAL COURT CLERKS TO COLLECT A $100.00
ADMINISTRATION FEE AS COSTS OF COURT UPON THOSE CONVICTED OF VIOLATION OF THE
MANDATORY AUTOMOBILE LIABILITY INSURANCE LAW; AND FOR RELATED PURPOSES.

63-15-4.
(1) The following vehicles are
exempted from the requirements of this section:

(a)
Vehicles exempted by Section 63-15-5;

(b)
Vehicles for which a bond or a certificate of deposit of money or
securities in at least the minimum amounts required for proof of financial
responsibility is on file with the department;

(c)
Vehicles that are self-insured under Section 63-15-53; and

(d)
Implements of husbandry.

(2)
(a) Every motor vehicle operated
in this state shall have an insurance card maintained in the vehicle as proof
of liability insurance that is in compliance with the liability limits required
by Section 63-15-3(j). The insured
parties shall be responsible for maintaining the insurance card in each
vehicle.

(b)
An insurance company issuing a policy of motor vehicle liability
insurance as required by this section shall furnish to the insured an insurance
card for each vehicle at the time the insurance policy becomes effective.

(3)
Upon stopping a motor vehicle for any other statutory violation, a law
enforcement officer, who is authorized to issue traffic citations, shall verify
that the insurance card required by this section is in the motor vehicle. However, no driver shall be stopped or
detained solely for the purpose of verifying that an insurance card is in the
motor vehicle.

(4)
Failure of the owner or the operator of a motor vehicle to have the
insurance card in the motor vehicle is a misdemeanor and, upon conviction, is
punishable by a fine of One Thousand Dollars ($1,000.00), court costs as
provided in Section 21-23-7 and suspension of driving privilege for a period
of one (1) year or until the owner of the motor vehicle shows proof of
liability insurance that is in compliance with the liability limits required by
Section 63-15-3(j). Fraudulent use of
an insurance card shall be punishable in accordance with Section 97-7-10. The funds from such fines shall be deposited
in the State General Fund in the State Treasury.

(5)
If, at the hearing date or the date of payment of the fine, the motor
vehicle owner shows proof of motor vehicle liability insurance in the amounts
required by Section 63-15-3(j), the fine shall be reduced to One Hundred
Dollars ($100.00). If the owner shows
proof that such insurance was in effect at the time of citation, the fine of
One Hundred Dollars ($100.00) and court costs shall be waived.

21-23-7.
(1) The municipal judge shall
hold court in a public building designated by the governing authorities of the
municipality and may hold court every day except Sundays and legal holidays if
the business of the municipality so requires; provided, however, the municipal
judge may hold court outside the boundaries of the municipality but not more
than within a sixty-mile radius of the municipality to handle preliminary
matters and criminal matters such as initial appearances and felony preliminary
hearings. The municipal judge shall
have the jurisdiction to hear and determine, without a jury and without a
record of the testimony, all cases charging violations of the municipal
ordinances and state misdemeanor laws made offenses against the municipality
and to punish offenders therefor as may be prescribed by law. All criminal proceedings shall be brought by
sworn complaint filed in the municipal court.
Such complaint shall state the essential elements of the offense charged
and the statute or ordinance relied upon.
Such complaint shall not be required to conclude with a general averment
that the offense is against the peace and dignity of the state or in violation
of the ordinances of the municipality.
He may sit as a committing court in all felonies committed within the
municipality, and he shall have the power to bind over the accused to the grand
jury or to appear before the proper court having jurisdiction to try the same,
and to set the amount of bail or refuse bail and commit the accused to jail in
cases not bailable. The municipal judge
is a conservator of the peace within his municipality. He may conduct preliminary hearings in all
violations of the criminal laws of this state occurring within the
municipality, and any person arrested for a violation of law within the
municipality may be brought before him for initial appearance.

(2)
In the discretion of the court, where the objects of justice would be
more likely met, as an alternative to imposition or payment of fine and/or
incarceration, the municipal judge shall have the power to sentence convicted
offenders to work on a public service project where the court has established
such a program of public service by written guidelines filed with the clerk for
public record. Such programs shall
provide for reasonable supervision of the offender and the work shall be
commensurate with the fine and/or incarceration that would have ordinarily been
imposed. Such program of public service
may be utilized in the implementation of the provisions of Section 99-19-20,
and public service work thereunder may be supervised by persons other than the
sheriff.

(3)
The municipal judge may solemnize marriages, take oaths, affidavits and
acknowledgments, and issue orders, subpoenas, summonses, citations, warrants
for search and arrest upon a finding of probable cause, and other such process
under seal of the court to any county or municipality, in a criminal case, to
be executed by the lawful authority of the county or the municipality of the
respondent, and enforce obedience thereto.
The absence of a seal shall not invalidate the process.

(4)
When a person shall be charged with an offense in municipal court
punishable by confinement, the municipal judge, being satisfied that such
person is an indigent person and is unable to employ counsel, may, in the
discretion of the court, appoint counsel from the membership of The Mississippi
Bar residing in his county who shall represent him. Compensation for appointed counsel in criminal cases shall be
approved and allowed by the municipal judge and shall be paid by the
municipality. The maximum compensation
shall not exceed Two Hundred Dollars ($200.00) for any one (1) case. The governing authorities of a municipality
may, in their discretion, appoint a public defender(s) who must be a licensed
attorney and who shall receive a salary to be fixed by the governing
authorities.

(5)
The municipal judge of any municipality is hereby authorized to suspend
the sentence and to suspend the execution of the sentence, or any part thereof,
on such terms as may be imposed by the municipal judge. However, the suspension of imposition or
execution of a sentence hereunder may not be revoked after a period of two (2)
years. The municipal judge shall have
the power to establish and operate a probation program, dispute resolution
program and other practices or procedures appropriate to the judiciary and
designed to aid in the administration of justice. Any such program shall be
established by the court with written policies and procedures filed with the
clerk of the court for public record.

(6)
Upon prior notice to the municipal prosecuting attorney and upon a
showing in open court of rehabilitation, good conduct for a period of two (2)
years since the last conviction in any court and that the best interest of
society would be served, the court may, in its discretion, order the record of
conviction of a person of any or all misdemeanors in that court expunged, and
upon so doing the said person thereafter legally stands as though he had never
been convicted of the said misdemeanor(s) and may lawfully so respond to any
query of prior convictions. This order
of expunction does not apply to the confidential records of law enforcement
agencies and has no effect on the driving record of a person maintained under
Title 63, Mississippi Code of 1972, or any other provision of said Title 63.

(7)
Notwithstanding the provisions of subsection (6) of this section, a
person who was convicted in municipal court of a misdemeanor before reaching
his twenty-third birthday, excluding conviction for a traffic violation, and
who is a first offender, may utilize the provisions of Section 99-19-71, to
expunge such misdemeanor conviction.

(8)
In the discretion of the court, a plea of nolo contendere may be entered
to any charge in municipal court. Upon
the entry of a plea of nolo contendere the court shall convict the defendant of
the offense charged and shall proceed to sentence the defendant according to
law. The judgment of the court shall
reflect that the conviction was on a plea of nolo contendere. An appeal may be made from a conviction on a
plea of nolo contendere as in other cases.

(9)
Upon execution of a sworn complaint charging a misdemeanor, the
municipal court may, in its discretion and in lieu of an arrest warrant, issue
a citation requiring the appearance of the defendant to answer the charge made
against him. On default of appearance, an arrest warrant may be issued for the
defendant. The clerk of the court or
deputy clerk may issue such citations.

(10)
The municipal court shall have the power to make rules for the
administration of the court's business, which rules, if any, shall be in
writing filed with the clerk of the court.

(11)
The municipal court shall have the power to impose punishment of a fine
of not more than One Thousand Dollars ($1,000.00) or six (6) months'
imprisonment, or both, for contempt of court.
The municipal court may have the power to impose reasonable costs of
court, not in excess of the following:

Dismissal of any affidavit, complaint or
charge

in municipal court............................. $ 50.00

Suspension of a
minor's driver's license in lieu of

conviction..................................... $ 50.00

Service of scire facias or return
"not found"..... $ 20.00

Causing search
warrant to issue or causing prosecution

without reasonable cause or refusing to
cooperate

after initiating action........................ $
100.00

Certified copy of the court record................ $ 5.00

Service of arrest
warrant for failure to answer

citation or traffic summons.................... $ 25.00

Jail cost per day................................. $ 10.00

Conviction under Section 63-15-4 for
failure to

maintain proof of automobile liability insurance

for costs of administration.................... $
100.00

Any other item of court cost...................... $ 50.00

No filing fee or
such cost shall be imposed for the bringing of an action in municipal court.

(12) A municipal court judge shall not dismiss a
criminal case but may transfer the case to the justice court of the county if
the municipal court judge is prohibited from presiding over the case by the
Canons of Judicial Conduct and provided that venue and jurisdiction are proper
in the justice court. Upon transfer of
any such case, the municipal court judge shall give the municipal court clerk a
written order to transmit the affidavit or complaint and all other records and
evidence in the court's possession to the justice court by certified mail or to
instruct the arresting officer to deliver such documents and records to the
justice court. There shall be no court
costs charged for the transfer of the case to the justice court.

(13)
A municipal court judge shall expunge the record of any case in which an
arrest was made, the person arrested was released and the case was dismissed or
the charges were dropped or there was no disposition of such case.

SECTION
3. This act shall take effect and
be in force from and after July 1, 2004.